Follow this link to my BLOCKBUSTER STORY of how Brett Kimberlin, a convicted terrorist and perjurer, attempted to frame me for a crime, and then got me arrested for blogging when I exposed that misconduct to the world. That sounds like an incredible claim, but I provide primary documents and video evidence proving that he did this. And if you are moved by this story to provide a little help to myself and other victims of Mr. Kimberlin’s intimidation, such as Robert Stacy McCain, you can donate at the PayPal buttons on the right. And I thank everyone who has done so, and will do so.

Friday, March 7, 2014

In Which I Admit I was Wrong About Convicted Perjurer and Terrorist Brett Kimberlin

This is the latest post in what I half-jokingly
call The Kimberlin Saga®. If you are new to the story, that’s okay! Not
everyone reads my blog. The short
version is that Kimberlin has been harassing me for over two years, his worst
conduct being when he attempted to frame me for a crime. I recognize that this might sound like an
incredible claim, but I provide video and documentary evidence of that fact; in
other words, you don’t have to believe my word.
You only have to believe your eyes.
So, if you are new to the story, go to this page and you’ll be able to catch up on what has been happening.

Well, tonight
Brett Kimberlin has filed his second amended complaint. John has posted
it, and having read it I am going to have to admit I was wrong about Brett.

No, not on the
issue of him framing me for a crime, getting my wife and I fired, him being a censorious
douchebag, and so on. I wasn’t wrong to say
an of those things; he richly deserve all of it. But I was wrong in that I overestimated his competence
and organizational skills. Specifically,
in my motion
to strike his oppositions, I wrote:

It
is common in a motion to dismiss for a defendant to catalogue the shortcomings
of a complaint in the style of “the plaintiff has failed to allege X, Y and Z
and therefore this claim should be dismissed.”
If leave to amend is granted, this invites an unscrupulous plaintiff to
lie and simply say “now I allege X, Y and Z, too!” regardless of the truth.

But that
depended on the assumption that Brett was smart enough to see the flaws in his
complaint that we pointed out, to recognize what we pointed out to him, and
then file a new complaint that addressed those shortcomings. What Brett has filed tonight shows that he is
not nearly that smart, or at least not that competent and organized. So, dear reader, I apologize for my error.

Yes, dear
reader, it is bad. It is so bad that I
could cut and paste most of my motion to dismiss into this with only minimal
alteration and feel safe that the motion would be granted. It is so bad that I am going to be challenged
in literally finding a new way to say what I have already said. It is
that ineffectual.

How bad is
it? It is so bad that he even fouled up
one of the most basic requirements of pleading.
In Federal Rule of Civil Procedure 11(a), it says:

Every
pleading, written motion, and other paper must be signed by at least one
attorney of record in the attorney's name—or by a party personally if the party
is unrepresented. The paper must state the signer's address, e-mail address,
and telephone number.

So see if you
can see the problem with the very last lines of this document...

I mean how
hard is that? And of course regular
observers know that the court specifically told him he was supposed to comply
with this rule. So that is how little respect
he has shown this court: he doesn’t even obey the simplest commands from it
even after being reminded.

And that is
not the only problem with this document, but I am still deciding how much of my
hand I wish to show. I think I need to
sleep on it and absorb the full badness of it.

It is also
worth noting that he has added a count for “battery,” basically repeating his
false claim that I beat him up outside a courtroom about two years ago. But you know by now what actually happened,
there, was he attempted to frame me for it and the claims fell apart. If you have not heard this before, this video
sums it up well:

Yes, dear
reader, Brett Kimberlin tried to frame me for a crime and now is trying to sue
me for what he knows I didn’t do. The
mind boggles.

---------------------------------------

My wife and I have lost our jobs due to the harassment of convicted
terrorist Brett Kimberlin, including an attempt to get us killed and to frame
me for a crime carrying a sentence of up to ten years. I know that claim sounds fantastic, but if you
read starting here,
you will see absolute proof of these claims using documentary and video
evidence. If you would like to help in
the fight to hold Mr. Kimberlin accountable, please hit the donation link on
the right. And thank you.

Follow me at Twitter @aaronworthing,
mostly for snark and site updates. And
you can purchase my book (or borrow it for free if you have Amazon Prime), Archangel:
A Novel of Alternate, Recent History here.
And you can read a little more about my
novel, here.

---------------------------------------

Disclaimer:

I have accused
some people, particularly Brett Kimberlin, of reprehensible conduct. In some cases, the conduct is even
criminal. In all cases, the only justice
I want is through the appropriate legal process—such as the criminal justice
system. I do not want to see vigilante
violence against any person or any threat of such violence. This kind of conduct is not only morally
wrong, but it is counter-productive.

In the
particular case of Brett Kimberlin, I do not want you to even contact him. Do not call him. Do not write him a letter. Do not write him an email. Do not text-message him. Do not engage in any kind of directed
communication. I say this in part
because under Maryland law, that can quickly become harassment and I don’t want
that to happen to him.

And for that matter,
don’t go on his property. Don’t sneak
around and try to photograph him.
Frankly try not to even be within his field of vision. Your behavior could quickly cross the line
into harassment in that way too (not to mention trespass and other concerns).

And do not
contact his organizations, either. And
most of all, leave his family alone.

The only
exception to all that is that if you are reporting on this, there is of course
nothing wrong with contacting him for things like his official response to any
stories you might report. And even then
if he tells you to stop contacting him, obey that request. That this is a key element in making out a
harassment claim under Maryland law—that a person asks you to stop and you
refuse.

And let me say
something else. In my heart of hearts, I
don’t believe that any person supporting me has done any of the above. But if any of you have, stop it, and if you
haven’t don’t start.

7 comments:

Yeah, part of me is thinking "hey, i can point out how he has continued to f--- up his allegations in ways I already pointed out. after all, its not like they are secret to him." But otoh, it seems like he either 1) hasn't even read most of what I filed against him, or 2) he lacks the organizational skills to catalog all the f--- ups I pointed out and address them in order.

But there is one hilarious aspect. Now adding the American Spectator he has probably created a situation where they are likely to give Stacy representation for free, just as Twitchy's lawyer is representing Malkin as well, and Red State is doing the same for Erickson.

I have come to think that the shenanigans were perhaps more important to Brett than we realized. i think his goal was to win a couple default judgments and then pretend that they were judgments on the merits ever after. Which is crap, but he has done it with his "victory" against Seth Allen, which more and more looks like it might have been obtained via fraud.

i should add injunctions are legally reviewable at any time. Generally courts only like to hear the issue for "changed law or changed circumstances" but if judge Grimm finds brett altered the summons, that could be very persuasive in a motion to overturn...

But seth would have to have legal counsel to do this. Seth's motions are unlikely to be successful and he is unlikely to be able to do it on his own.

About Me

Just a regular, sort of cranky moderately conservative lawyer, living in the greater Washington, D.C. and ruminating on law, life and the local spectator sport known as politics.
Btw, if you want to email me, write to edmd5.20.10 [at] gmail.com. I assume by now you understand that you are supposed to use one of those @ symbols for "[at]."